5 Northern Green Bay = waters north of the Brown County line to the northernmost point on Washington Island
6 Northern Lake Michigan = waters north of the Milwaukee River mouth (downtown Milwaukee)
7 Southern Lake Michigan = waters south of the Milwaukee River mouth (downtown Milwaukee)
8 Lake Superior = waters in Lake Superior except those in Chequamegon Bay
9 Chequamegon Bay = waters within the region enclosed by Chequamegon Point and a straight line west to the mainland
NR 102.25 History
History: CR 07-111: cr.
Register September 2010 No. 657, eff. 10-1-10.
NR 102.26
NR 102.26 Site-specific ambient temperatures. NR 102.26(1)(1)
Development of site-specific ambient temperatures. An owner or operator of a facility with a discharge subject to regulation under this chapter may submit a request to the department for the determination of a site-specific ambient temperature. The department may approve, disapprove or approve with modifications the request for the site-specific ambient temperature. The request for site-specific ambient temperatures shall include all of the following:
NR 102.26(1)(a)
(a) A demonstration that the data used to derive the ambient temperatures in s.
NR 102.25 do not apply to the specific water segment or body in question.
NR 102.26(1)(b)
(b) Site-specific water temperature that represents the ambient temperature of the site. For purposes of this paragraph, data must be:
NR 102.26(1)(b)1.
1. Collected daily using a continuous recorder or similar device that takes measurements at least hourly, except as follows:
NR 102.26(1)(b)1.a.
a. Monthly data sets may be missing no more than 10 days of temperature data for the months of December through February,
NR 102.26(1)(b)1.b.
b. Monthly data sets may be missing no more than 5 days of temperature data for the months of March through November.
NR 102.26(1)(b)2.
2. Collected for each month in which the request for site-specific ambient temperatures is requested,
NR 102.26(1)(d)
(d) Calculated monthly average temperatures from the daily average temperatures in par.
(c) for each individual month that data has been collected. Alternatively, calculated monthly average temperatures directly from the data from par.
(b) for each individual month.
NR 102.26(1)(f)
(f) A determination of the monthly site-specific ambient temperatures by calculating the geometric mean of all monthly averages for each given month.
NR 102.26(1)(g)
(g) Alternative methods for developing site-specific ambient temperatures, if the department approves the method as representative of ambient temperatures as those in pars.
(a) to
(d).
NR 102.26(2)
(2) Use of site-specific ambient temperatures to establish acute criteria. Once site-specific ambient temperatures have been approved by the department in accordance with sub.
(1), the acute water quality criteria listed in Table 6 will be applicable for the protection of fish and other aquatic life.
NR 102.26(3)
(3) Use of site-specific ambient temperatures to establish sub-lethal criteria. Once site-specific ambient temperatures have been approved by the department in accordance with sub.
(1), the sub-lethal water quality criteria applicable for the protection of fish and other aquatic life shall be calculated as follows:
NR 102.26(3)(a)
(a) Use Table 7 to determine the appropriate sub-lethal criteria for the fish and other aquatic life use.
NR 102.26(3)(b)1.
1. If a sub-lethal criterion from par.
(a) is less than the site-specific ambient temperature from sub.
(1) for a given month, increase the sub-lethal criterion to be equal with the site-specific ambient temperature.
NR 102.26(3)(b)2.
2. If a sub-lethal criterion from par.
(a) is greater than an acute criterion for a given month from sub.
(2) decrease the sub-lethal criterion to be equal with the acute criterion.
NR 102.26(3)(c)
(c) Perform a fifth order polynomial regression of the 12 monthly sub-lethal criteria resulting from par.
(b). Using the resulting equation of the regression, calculate the final sub-lethal criteria for each month by replacing the “x" variables in the equation with a numeric representation for each month, where January “x" = 1, for February “x" = 2,
… and for December “x" = 12.
NR 102.26(3)(d)
(d) The final sub-lethal criteria from par.
(c) shall be used in combination with the site-specific ambient temperatures developed in sub.
(1) and the acute criteria determined in sub.
(2).
Table 6
Acute Criteria Across All Ambient Temperatures
1 Ta = ambient temperature
2 Cold = waters with a fish and other aquatic life use designation of “cold water community"
3 Warm = waters with a fish and other aquatic life use designation of “warm water sport fish community" or “warm water forage fish community"
4 LFF = waters with a designation of “limited forage fish community"
5 N Lake = applicable for those lakes north of State Highway 10
6 S Lake = applicable for those lakes south of State Highway 10
7 SGB = Green Bay waters south of the Brown County line to the Fox River mouth
8 NGB = Green Bay waters north of the Brown County line to the northernmost point on Washington Island
9 NLKMI = Lake Michigan waters north of the Milwaukee River mouth (downtown Milwaukee)
10 SLKMI = Lake Michigan waters south of the Milwaukee River mouth (downtown Milwaukee)
11 LKSUP = waters in Lake Superior except those in Chequamegon Bay
12 CB = Chequamegon Bay waters within the region enclosed by Chequamegon Point and a straight line west to the mainland
Table 7
Raw Monthly Sub-Lethal Criteria for Use In Determining Final Sub-Lethal Criteria
with Site-Specific Ambient Temperatures
C = Cold = waters with a fish and other aquatic life use designation of “cold water community"
W-L = Warm -Large = waters with a fish and other aquatic life use designation of “warm water sport fish community" or “warm water forage fish community" and
unidirectional 7Q10 flows ≥ 200 cfs (129 mgd)
W-S = Warm - Small = waters with a fish and other aquatic life use designation of “warm water sport fish community" or “warm water forage fish community" and
unidirectional 7Q10 flows < 200 cfs (129 mgd)
LFF = waters with a designation of “limited forage fish community"
NIL = Northern Inland Lakes = applicable for those lakes north of State Highway 10
SIL = Southern Inland Lakes = applicable for those lakes south of State Highway 10
MR = Mississippi River = applies to any portion of Wisconsin's Mississippi River reach
RR = Rock River = applies to waters downstream of Lake Koshkonong
UWR = Upper Wisconsin River = applies to waters upstream of Petenwell Dam
LWR = Lower Wisconsin River = applies to waters downstream of Petenwell Dam to the confluence with the Mississippi River
LFR = Lower Fox River = applies to waters downstream of the Lake Winnebago outlet
SGB = Green Bay waters south of the Brown County line to the Fox River mouth
NGB = Green Bay waters north of the Brown County line to the northernmost point on Washington Island
SLM = Lake Michigan waters south of the Milwaukee River mouth (downtown Milwaukee)
NLM = Lake Michigan waters north of the Milwaukee River mouth (downtown Milwaukee)
LS = Lake Superior = waters in Lake Superior except those in Chequamegon Bay
CB = Chequamegon Bay = waters within the region enclosed by Chequamegon Point and a straight line west to the mainland
NR 102.26 History
History: CR 07-111: cr.
Register September 2010 No. 657, eff. 10-1-10; renumbering of (1) (b) 1. a. and b. made under s.
13.92 (4) (b) 1., Stats.,
Register September 2010 No. 657.
NR 102.27
NR 102.27 Site-specific water quality criteria. NR 102.27(1)(1)
General. A water quality criterion developed pursuant to this subchapter may be modified by the department for a particular surface water segment or waterbody. The site-specific water quality criterion shall only be applicable to the identified surface water segment or body. The development of a site-specific water quality criterion shall include all of the following:
NR 102.27(1)(a)
(a) Information showing data used to derive the water quality criterion do not apply to the specific water segment or body.
NR 102.27(1)(b)
(b) Consideration of the guidance provided in Chapter 3.7 of the Water Quality Standards Handbook, Second Edition, U.S. EPA, 8/15/1994.
NR 102.27(1)(c)
(c) Information showing the site-specific water quality criterion is consistent with the guidelines provided in sub.
(2).
NR 102.27(1)(d)
(d) Any additional information necessary to derive site-specific water quality criterion.
NR 102.27 Note
Note: Site-specific water quality criteria are subject to U.S. Environmental Protection Agency approval under federal regulations.
NR 102.27(2)
(2) Site-specific water quality criteria development. NR 102.27(2)(a)(a) The department may promulgate site-specific water quality criteria for temperature when it determines that the data used to derive the water quality criteria published in this subchapter do not apply to the specific water segment or body in question. In making the determination, the same approach used to develop the water quality criteria in s.
NR 102.25 may be used to develop site-specific water quality criteria by recalculating the water quality criteria based upon the actual species that are associated with the specific site.
NR 102.27(2)(b)
(b) Alternative methods for developing site-specific water quality criteria may be used if it is determined that those alternative methods will protect against sub-lethal and acute impacts in the fish and aquatic life community of a specific site.
NR 102.27(2)(c)
(c) A water quality criterion developed via alternative methods shall be reviewed by the department and shall be adopted as a rule under this chapter before it can be applied on a site-specific basis.
NR 102.27(3)
(3) Any water quality criterion modified for site-specific conditions shall be promulgated by the department and approved by the U.S. Environmental Protection Agency before it is applied on a site-specific basis.
NR 102.27 History
History: CR 07-111: cr.
Register September 2010 No. 657, eff. 10-1-10.
NR 102.28
NR 102.28 Cold shock standard. Water temperatures of discharges shall be controlled in a manner as to protect fish and aquatic life uses from the deleterious effects of cold shock.
NR 102.28 History
History: CR 07-111: cr.
Register September 2010 No. 657, eff. 10-1-10.
NR 102.29
NR 102.29 Rate of temperature change standard. Temperature of a water of the state or a discharge to a water of the state may not be artificially raised or lowered at such a rate that it causes detrimental health or reproductive effects to fish or aquatic life of the water of the state.
NR 102.29 History
History: CR 07-111: cr.
Register September 2010 No. 657, eff. 10-1-10.
NR 102.30
NR 102.30 Variances to water quality standards for temperature. The provisions of ss.
283.15 and
283.17, Stats., are applicable to the water quality standards in this subchapter.
NR 102.30 History
History: CR 07-111: cr.
Register September 2010 No. 657, eff. 10-1-10.
NR 102.50
NR 102.50 Waterbody assessments and reporting. As required under sections 303 (d) and 305 (b) of the Clean Water Act,
33 USC 1313 (d) and
1315 (b), the department shall report to U.S. EPA on the status of the state's waterbodies and attainment of water quality standards every two years. Waterbody assessments are used to determine the condition of the state's surface waters or segments thereof and whether waterbodies are attaining state and federal surface water quality standards.
NR 102.50 History
History: CR 19-094: cr.
Register September 2022 No. 801, eff. 10-1-22.
NR 102.51
NR 102.51 Assessment types. The department may conduct different types of assessments to determine the status of waterbody health and attainment of water quality standards, depending on availability of data or methods used to collect the data. The department shall, at a minimum, conduct all of the following:
NR 102.51(1)
(1)
Statewide condition assessments. As part of the biennial assessment report required under section 305 (b) of the Clean Water Act,
33 USC 1315 (b), and
40 CFR 130.8 and
130.10 (a) (1), the department shall report on water quality status and trends at the state, regional, or watershed levels. The department shall assess the extent to which surface waters of the state provide for the protection and propagation of a balanced population of shellfish, fish, and wildlife, and allow recreational activities in and on the water. Broad-scale approaches may be used to conduct these assessments, including randomized monitoring designs or other appropriate statistical methods.
